What is the Difference Between a “Breathalyzer” and the “Intoxilyzer?”
Under Georgia DUI laws, there are two machines commonly used to capture a breath sample in the pursuit of a DUI arrest. Oftentimes, and understandably, clients are confused because they ‘refused’, yet they blew into a breath machine on the roadside. The first DUI breath test Georgia police officers use is known as a PBT, or preliminary, or portable breath test. This PBT device is only to screen for the presence of alcohol. While it does provide a numeric alcohol level to the officer, DUI trained police in Georgia are instructed to never reveal the results of this test to a subject under DUI investigation. If your arresting officer did tell you the results of this test, you need to be sure to tell your attorney. In general, courts will not allow the numerical result of a PBT to be admitted into your case, though it does happen from time to time.
The second machine used in Georgia to take your breath sample in a DUI arrest is the Intoxilyzer 5000. The Intoxilyzer 5000 is Georgia’s official breath testing machine. (And the only machine certified in Georgia) While the Intoxilyzer 5000 has not changed much since the first mid-1980’s model, it will almost always be the strongest piece of evidence the state has in your DUI case. In order to have you take a breath test on the Intoxilyzer 5000, the law enforcement officer must have you placed under arrest for DUI and must read you Georgia’s Implied Consent Notice (ICN).
Often times, people arrested that have ‘refused’ DUI testing are thoroughly confused by the whole scenario. Understandably, after you take a road-side breath test, and are still placed under arrest for DUI, many people refuse further testing. After all, what good did it do you the first time? Regardless, the Intoxilyzer 5000 is the test most often demanded under Georgia’s implied consent notice. A refusal to submit to this testing will give the officer the right to suspend your license for one year on a first lifetime DUI charge, with no possibility of a ‘hardship’, or Georgia limited driving permit. It is crucial to speak with an attorney as soon as possible after your release from jail to analyze your evidence and determine the best possible course for your defense.
